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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SANDEEP MOUGDIL
Lakhbir Singh – Appellant
Versus
Hindu Sabha Society – Respondent
JUDGMENT :
SANDEEP MOUGDIL, J.
CM-2395-C-2025
The applicant/appellant has moved the instant application under Order 51 Rule 3 for impleading the legal representatives on account of death of deceased appellant no.2 namely Smt. Dalip Kaur d/o Sh. Dayal Singh.
It is informed that appellant No.2 has unfortunately passed on 03.08.2019, which necessitated moving of the present application for impleading legal representatives left behind by the deceased as detailed in para 4 of the application.
Learned counsel for the applicant also states before the Court that there is no other legal heir left by the deceased/appellant No.2.
Notice in the application to the non-applicant for whom there is no representation continuously and today, Mr. Prateek Mahajan, Advocate has been appeared having been duly served. He states no objection to the impleading of legal representatives of deceased/appellant No.2.
Accordingly, the application is allowed and amended memo of parties is taken on record.
RSA-2463-1993 (O&M)
Prayer
1. The instant Regular Second Appeal came up before this Court assailing the judgment and decree dated 26.07.1993 passed by the Lower Appellate Court, which reversed the judgment and decree rend
When there is a denial of title or a challenge raising a cloud, parties should file a suit for declaration of title, and adverse possession requires hostile possession denying the true owner's title.
The judgment emphasizes the legal principles of adverse possession, including the requirements of open, clear, continuous, and hostile possession, burden of proof, and the need for a substantial ques....
Claim of adverse possession requires open, continuous possession with knowledge to the rightful owner. Plaintiffs failed to provide sufficient evidence, resulting in dismissal.
Adverse possession requires clear and unequivocal evidence of continuous, open, and hostile possession against the true owner's title, validly pleaded and established.
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